I performed 'Umrah while menstruating, and this happened three times. Do I have to make up each 'Umrah separately, and is a marriage contract concluded before that invalid?
Machine translationRead the Arabic original
The questioner:
A female listener, Umm 'Abd al-Rahman, says: Shaykh Salih, Honorable Shaykh, I performed 'Umrah while I was menstruating and did not perform tawaf, but I left Makkah and did not wait until I was pure to perform tawaf. This happened to me three times. She says? She says: I performed 'Umrah while I was menstruating. I did not perform tawaf, but I left Makkah and did not wait until I was pure to perform tawaf, and this happened to me three times. It was ignorance on my part, but after I learned the ruling, I was told that it is obligatory for you to make up each one separately before your marriage contract is concluded, otherwise the marriage would be invalid. Since we live very far from Makkah, we live in the region of Ba'd Abha, is it permissible for us to make it up with a single ihram, and would the makeup be for the tawaf or for the complete 'Umrah? I ask your honor for guidance. May Allah reward you with good.
The Shaykh:
You are still in the state of ihram from the first 'Umrah.
The presenter:
Yes.
The Shaykh:
As for your ihram for the second and third 'Umrah, or any after that, it is an invalid ihram. Since you slipped in the first 'Umrah, which remains upon you, and you are still in a state of ihram because of it, you must return to Makkah while you are pure from menstruation and perform the complete 'Umrah with tawaf and sa'y, and this is a shortcoming on your part. By doing this, you will exit the state of worship, and you are excused by the ignorance that occurred on your part during this long period. If you engaged in any of the prohibitions of ihram, and since you have not married until now, praise be to Allah, nothing has occurred that invalidates the 'Umrah or corrupts the first 'Umrah. So you must do what we mentioned for you. The marriage contract is not valid until you perform the 'Umrah we mentioned, the one you entered ihram for initially while you were menstruating. Once you are finished with the 'Umrah, it is permissible to conclude the marriage contract afterwards, because you have exited the state of ihram. Yes, you have exited the state of ihram. Yes.
The questioner:
May Allah reward you with good and do you well. Is the marriage contract invalid because she is in a state of ihram? Or because the 'Umrah is a debt upon her, Shaykh Salih?
The Shaykh:
Because she is in a state of ihram.
The presenter:
We seek help from Allah.
The Shaykh:
And Allah (Exalted and Majestic is He) says: "And whoever has decreed for them Hajj and 'Umrah, let them perform a lesser Hajj"[Al-Baqarah 2:197]. Rafath is intercourse and its causes, such as speech, contracts, proposals, physical intimacy, and others. This is based on the saying of the Messenger (peace and blessings be upon him) . The one in ihram is prohibited from marrying or being married, meaning concluding a marriage contract for himself or for his ward while he is in a state of ihram, so it is not valid.
A female listener, Umm 'Abd al-Rahman, says: Shaykh Salih, Honorable Shaykh, I performed 'Umrah while I was menstruating and did not perform tawaf, but I left Makkah and did not wait until I was pure to perform tawaf. This happened to me three times. She says? She says: I performed 'Umrah while I was menstruating. I did not perform tawaf, but I left Makkah and did not wait until I was pure to perform tawaf, and this happened to me three times. It was ignorance on my part, but after I learned the ruling, I was told that it is obligatory for you to make up each one separately before your marriage contract is concluded, otherwise the marriage would be invalid. Since we live very far from Makkah, we live in the region of Ba'd Abha, is it permissible for us to make it up with a single ihram, and would the makeup be for the tawaf or for the complete 'Umrah? I ask your honor for guidance. May Allah reward you with good.
The Shaykh:
You are still in the state of ihram from the first 'Umrah.
The presenter:
Yes.
The Shaykh:
As for your ihram for the second and third 'Umrah, or any after that, it is an invalid ihram. Since you slipped in the first 'Umrah, which remains upon you, and you are still in a state of ihram because of it, you must return to Makkah while you are pure from menstruation and perform the complete 'Umrah with tawaf and sa'y, and this is a shortcoming on your part. By doing this, you will exit the state of worship, and you are excused by the ignorance that occurred on your part during this long period. If you engaged in any of the prohibitions of ihram, and since you have not married until now, praise be to Allah, nothing has occurred that invalidates the 'Umrah or corrupts the first 'Umrah. So you must do what we mentioned for you. The marriage contract is not valid until you perform the 'Umrah we mentioned, the one you entered ihram for initially while you were menstruating. Once you are finished with the 'Umrah, it is permissible to conclude the marriage contract afterwards, because you have exited the state of ihram. Yes, you have exited the state of ihram. Yes.
The questioner:
May Allah reward you with good and do you well. Is the marriage contract invalid because she is in a state of ihram? Or because the 'Umrah is a debt upon her, Shaykh Salih?
The Shaykh:
Because she is in a state of ihram.
The presenter:
We seek help from Allah.
The Shaykh:
And Allah (Exalted and Majestic is He) says: "And whoever has decreed for them Hajj and 'Umrah, let them perform a lesser Hajj"
so whoever has made Hajj obligatory upon himself therein [by entering the state of ihram], there is [to be for him] no sexual relations and no disobedience and no disputing during Hajj
فَمَن فَرَضَ فِيهِنَّ الْحَجَّ فَلَا رَفَثَ وَلَا فُسُوقَ وَلَا جِدَالَ فِي الْحَجِّThe one in ihram does not
في المحرم لاmarry or be married or propose, so the Prophet (peace and blessings be upon him)
ينكح ولا ينكح ولا يخطب، فالنبي صلى الله عليه وسلم
Source
قناة «العلامة الدكتور صالح الفوزان»، اعتمرت وأنا حائض، وتكرر ذلك ثلاث مرات، فهل أقضي كل عمرة على حدة، وهل عقد النكاح قبل ذلك يكون باطلاً؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
